What is included in the inheritance - what can be included in the inheritance mass

Impossibility of accepting inheritance

As a rule, the testator himself can disinherit. To do this, he has the right to draw up a will in favor of another recipient or to indicate a negligent relative in the document as an unworthy recipient. However, in the absence of the will of the deceased, it is possible to deprive the legal heir of the inheritance right.

Any of the relatives of the deceased has the right to go to court to deprive any of the recipients of the rights to join. The court will make a positive decision if the receiver:

Did not fulfill his obligations towards the testator.
Obtained property by deception or fraud.
Prevented other applicants from inheriting.

If a recipient is determined to be unworthy of inheritance, his share of the property will be distributed among other candidates in accordance with their rights.

Documents for inheriting shares

Legal successors must provide:

Original extract from the JSC register. The request must be drawn up by the notary himself and can already be submitted to the joint-stock company.
Valuation of shares, which will be completed by a valuation expert.
Kinship documents or marriage certificate.

After submitting the documents, the notary will issue a certificate of inheritance, which must be presented to the holder of the JSC register. He will re-register all inherited shares in the name of the heir.

Refusal to join

One of the conditions for accepting an inheritance by law or by will is the ability to refuse entry. For this, the receiver may not show interest in joining and safely miss the deadline. The second method is to draw up a statement of renunciation of inheritance from a notary. This can be done both in absolute form and in someone else’s favor.

In case of refusal, the receiver has the opportunity to indicate the recipient of his share in the inheritance mass. The beneficiary must be one of the legitimate claimants. Refusal in favor of third parties is not possible.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

An absolute refusal does not require the recipient, upon refusal, to indicate the person to whom the share will be transferred. The non-inherited property will be divided among other beneficiaries in proportion to their shares.

If you refuse, you should know: it is impossible to change your decision.

Peculiarities of inheritance according to law

Registration of acceptance of inheritance according to the law is carried out in a notary's office. In this case, the time frame for contacting a specialist is limited to 6 months from the date of death of the testator.

The Civil Code (Article 1150) specifically provides for the right of the surviving spouse to inherited property. According to the law, upon divorce, jointly acquired and received property must be divided equally between the spouses.

If a spouse's inheritance is a joint property in the marriage, then the remaining partner is entitled to receive 50%. In this case, the spouse will also participate in the division of the remainder of the inheritance.

The law does not harm the rights of children. A child who was conceived during the life of the father will have a priority right to inheritance. This possibility remains even if the mother is not a legal spouse. Registration of the inheritance case will be postponed until the birth of the baby.

Would you like to receive detailed advice on inheritance? Ask your question on our website and get an answer from an experienced lawyer. We are ready to tell you about your rights under the law at any time and completely free of charge.

Content:

Introduction
When the rules of intestinal succession apply
Order of succession
How to accept an inheritance legally?
Features of inheritance by law
When is it impossible to inherit by law?

The material basis of children is most often formed by their parents. A person’s desire to ensure a prosperous future for his descendants is natural and encouraged by any normal society and process.

The natural form of transferring this property from parents to children is inheritance. Therefore, the vast majority of us will sooner or later have to face the procedure for accepting an inheritance.

Inheritance of property can take place both by law and by will. In the absence of a formalized expression of will of the testator, issues of transfer of property are regulated by law.

Interestingly, in Western European countries and the United States of America, situations where a citizen who died a natural death did not leave a will are rare. But in the Russian Federation, inheritance cases are most often conducted without a will, and relatives divide the inheritance in the manner prescribed by law.

Notarial statistics for 2021 showed that citizens have become less likely to draw up wills. This service has become less in demand. And the reasons for this are different.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

Inheritance is a rather complex area of property relations, and disputes on this matter occupy a significant part of all legal proceedings. In this article we will highlight the basic principles and features of inheritance by law.

Order of succession

All heirs are grouped in queues, formed depending on the degree of consanguinity: from the closest to the oldest and distant relatives. There are seven lines of heirs by law:

In some cases, heirs may be persons who are not blood relatives of the deceased, namely dependents who are conditionally classified as 8th priority.

Representatives of each subsequent line inherit property only if there are no heirs in the previous line.

Absence in the queue means that the assignees:

missing;
deprived of the right to inheritance . Citizens who maliciously evade the obligation to support the testator may be removed from the inheritance by the court at the request of interested persons;
have no right of inheritance . Parents deprived of parental rights do not inherit the property of their children, just as children do not inherit the property of such parents.
renounced inherited property.

Important! If the testator has been dependent on persons for at least a year who are disabled by the day the inheritance is opened, then when inheriting according to the law, they inherit the property on an equal basis with other heirs, regardless of the order.

If there are several heirs in one line, the inheritance is divided equally between them. If the line is represented by one person, then he inherits all the property.

If the inheritance is not accepted by any of the queues, then it is considered escheated and becomes the property of the state or municipality. An escheat inheritance also requires registration by a notary.

Features of inheriting property abroad

If the inheritance includes movable property located outside the territory of Russia, the issue is resolved using international law. Thus, according to most agreements and the Russian Civil Code, questions of inheritance are subject to the laws of the country where the testator lived at the date of his death. At the same time, international treaties have been concluded with a number of countries (Bulgaria, Hungary, Spain, North Korea, Romania), according to which inheritance relations are regulated by the Party “of which the testator was a citizen.”

Let us note that movable property, among other things, includes shares of offshore companies, in relation to which many legal disputes arise. In this case, the laws of the country where the company is registered apply. According to the laws of offshore jurisdictions, after the death of the principal, nominal owners are obliged to transfer shares to the heirs by law or by will.

Any case of inheritance of property has its own characteristics and nuances. Our notary office performs all actions related to inheritance, including the most complex cases involving the application of international law. The office is located in the very center of Moscow, the working hours are daily until 21.00 on weekdays, and until 20.00 pm on weekends. Contact us by phone or sign up on the website, choosing a day and time convenient for you.

How to accept an inheritance legally?

To become the full owner of an inheritance, you must accept it. The general rule assumes the need to accept inherited property within 6 months from the date of death of the testator.

To do this, a corresponding application is submitted to the notary at the place where the inheritance was opened. That is, a personal, written, duly certified expression of will is required regarding the heir’s attitude to the inherited property.

Based on such a statement, the notary opens an inheritance case. As a rule, you can receive a Certificate of Inheritance only after six months.

It is also possible to accept an inheritance after the fact. Actual acceptance means the carrying out of any actions by the heir in relation to the inherited property, which may indicate that he treats this property as his own.

This may be the direct use of property, security, incurring maintenance costs, etc. This method of inheritance is appropriate in the absence of disputes among possible successors.

But most likely, in order to draw up title documents, it will be necessary to apply to the court with an application to establish the fact of acceptance of the inheritance. Since notaries most often refuse to register an inheritance accepted in this manner.

Features of inheritance by law

Inherited property cannot be accepted selectively. If it is accepted, then it is accepted completely, no matter what it consists of and no matter where it is located. This also applies to the debt obligations of the testator. In this case, the liability for obligations cannot exceed the value of the inherited property.

Features of inheritance by some relatives:

Adopted children have equal inheritance rights with their relatives. Likewise, parents who have adopted children have equal rights with natural parents, unless the latter are deprived of parental rights.
Cohabitation without registering a marriage with the civil registry office does not provide inheritance rights.
Disabled relatives who were supported by the deceased for at least a year before his death have the right to a part of the inheritance, regardless of the order.
Disabled persons who are not relatives, but who lived together with the deceased and were dependent on him for at least a year before his death, also have the right to a part of the inheritance, regardless of the order.

Only fully capable persons can enter into inheritance on their own. The procedure for entering into an inheritance of incapacitated persons has a number of features:

On behalf of the incapacitated person, the collection of all necessary documents and the submission of the appropriate application is carried out by a guardian or other authorized representative. In the absence of such, the guardianship and trusteeship authorities are involved;
the representative of the incapacitated heir is obliged to confirm his authority with an official document. If the representative is a relative who, by law, can represent the interests of an incapacitated heir, then he must document the relationship;
a guardian or other representative may be appointed as administrators of the inherited property until the certificate is issued, as well as after it, until the expiration of their powers. However, transactions with the property of incapacitated persons are possible only with the permission and with the participation of the guardianship and trusteeship authorities.

When is it impossible to inherit by law?

Reasons that do not allow you to inherit by law:

Failure to comply with the hereditary order.
Unworthiness of heirs. This means that the person committed some illegal actions against the testator. For example, he did not fulfill the obligation assigned to him by the court decision to support the deceased.
The deadline for accepting the inheritance has been violated. If within 6 months the heir does not contact a notary to open an inheritance case, then in order to accept the inheritance it will be necessary to restore the period allotted for this in court. This is done by filing an application with the court, which sets out a justified request to restore the period for accepting the inheritance and recognizing the applicant as having accepted the inheritance.
There are no documents confirming that the inherited property belongs to the testator.

Conclusion

Inheritance by law gives rise to the largest number of pressing problems related to disputes between relatives. In order to avoid them, it is recommended to contact lawyers in a timely manner.

Although the civil legislation of the Russian Federation has long provided for inheritance by will, our compatriots rarely leave written orders on the division of their property after death. The vast majority of inheritance cases are conducted without a will - property is divided between the relatives of the deceased in the manner prescribed by law.

However, this has its advantages. Inheritance by law is simpler, clearer and more familiar to Russian citizens than Western wills.

Specific types of property transferred by inheritance

Lawyers additionally identify another group of inheritance, since it is not prohibited to inherit such types of property, but obtaining it is associated with some difficulties. Most often, the decision about what property can or cannot be included in the estate is made by the court.

Such property includes:

vehicles that were provided on preferential terms;
shares for garages, dachas, apartments, etc.;
apartments, if their privatization has not yet been completed;
state awards of the Russian Federation.

As for transport that was received by the testator for free or for a minimal fee, for example, due to disability, such a car is allowed to be transferred into ownership by inheritance. With share contributions, everything is not so clear. So, if the testator has paid a housing or other share in full, then it can completely pass to his heirs. But if the share is not paid in full, the recipients of the inheritance can only count on that part of the share that was paid by the testator.

Many problems may arise with unfinished privatization; this issue should be finally resolved only in court. Heirs will be able to freely receive an apartment only if the testator has managed to fully complete the privatization process and there are relevant supporting documents about this.

Based on Art. 1185 of the Civil Code of the Russian Federation, state awards are allowed to be transferred on a general basis. The citizen's documents and awards are transferred for safekeeping to the surviving spouse, parents or children. If there are no such heirs, then the transfer of state orders and medals of the deceased person is made to the state fund. Even if there are heirs of the first priority, then with the consent of these relatives, the awards and orders of the deceased can be transferred to state museums.

However, this only applies to awards, orders, medals, etc., which were acquired by the testator legally.

Order of succession

missing;
deprived of the right to inheritance . Citizens who maliciously evade the obligation to support the testator may be removed from the inheritance by the court at the request of interested persons;
have no right of inheritance . Parents deprived of parental rights do not inherit the property of their children, just as children do not inherit the property of such parents.
renounced inherited property.

Transfer of inheritance rights between queues

So, the first to inherit are the closest people of the deceased -

wife/husband (with whom the deceased was legally married);
children (natural and adopted, born in marriage and out of wedlock);
parents (natural and adopted, not deprived of parental rights).

But the wife/husband, children, parents do not always want or can become heirs. There are reasons that prevent this. If one of the following reasons is present, the right of inheritance passes from the first stage to the second (clause 1 of Article 1141 of the Civil Code of the Russian Federation). And so on…

there is not a single representative of the queue (for example, children were not born, parents died, marriage with wife/husband was dissolved);
no representative of the queue has the right to inheritance (for example, parents were deprived of parental rights);
all representatives of the queue are deprived of the right to inheritance - by court decision (for example, children who maliciously evaded the obligation to support a parent);
all representatives of the line are deprived of the right to inheritance - according to the will;
not a single representative of the line accepted the inheritance;
all representatives of the line refused the inheritance.

If the inheritance was not accepted by any of the seven lines of heirs, it is called escheat and becomes the property of the state or municipality.

What property can be included in the inheritance mass

The composition of the hereditary mass on the basis of Art. 1112 of the Civil Code of the Russian Federation includes all things and all property (including property rights and obligations) that belonged to the deceased person during his lifetime.

Relatives and other persons may inherit movable property:

cash deposits;
cars;
precious items;
household items;
securities;
shares, etc.

Also, heirs can be full owners of real estate:

apartments, private houses;
land plots;
garages;
other objects that are firmly connected to a specific land plot and cannot be moved without significant destruction.

In addition to property, the inheritance may include the rights and obligations that the testator had during his lifetime. This means that this category may include debt and credit obligations of the testator, his collateral obligations, and other obligations and rights. For example, the rights of the testator may include the right to claim a debt, a concluded lease agreement, etc. Responsibilities include debt on a receipt, debt on a loan, etc.

Important: heirs are prohibited from accepting only rights and ignoring responsibilities. Accepting part of the inheritance is not possible. Based on Art. 1152 of the Civil Code, applicants for an inheritance can accept everything or completely refuse the inheritance. Consequently, it is impossible to accept a house by inheritance, but refuse debts to the bank.

Heirs are prohibited from accepting the inheritance assigned to them with any conditions or reservations.

Features of inheritance by law

Let us consider some features concerning the order of inheritance by law by some relatives.

Children who have been adopted are considered equal to their own children and have the same right of inheritance as them. The same applies to parents who adopted children - they have the right of inheritance on an equal basis with their natural parents (see “Entering the inheritance of minor children”).
The so-called “civil marriage”, which is cohabitation without registering the relationship, does not give the right of inheritance.
Disabled relatives (disabled people I, II, III, pensioners, minors) who were supported by the deceased for at least a year before his death (dependents) have the right to receive a part of the inheritance, regardless of which line they are from.
If the deceased was dependent on disabled persons who were not his relatives, they can receive part of the inheritance, but provided that they lived together with the deceased for at least a year before his death (clause 1 of Article 1148 of the Civil Code of the Russian Federation);

Who can be disinherited?

Let's consider in what cases heirs may lose the right to inherit by law.

Parents who have been deprived of parental rights are also deprived of the right to inherit after the death of their children. At the same time, children retain the right of inheritance after the death of parents who were deprived of parental rights (clause 4 of article 71 of the RF IC);
Heirs who opposed the will of the testator regarding the procedure for dividing the inherited property, as established by the court;
Heirs who intended to increase their share of the inheritance or obtain the right to inheritance, as established by the court;
Heirs who did not fulfill their obligation to support the deceased, although such an obligation was assigned to them by law.

You can read more about the grounds and procedure for disinheritance in the article “Disinheritance.”

About inheritance objects

To better understand the essence of inherited property, you need to know what is included in it:

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Real estate (apartment, private house, room, land, garage, non-residential property);
Movable property (vehicles, furniture, equipment, money, jewelry, bank deposits with dividends, etc.).

Before transferring the inheritance to future owners, it is valued in monetary terms. It is impossible to do without this procedure, since a state fee is provided, the amount of which must be calculated. Despite the fact that the state provides some tax benefits, not everyone can take advantage of them.

It is equally important to note that it is impossible to accept inherited objects selectively - a person either accepts everything, including responsibilities and debts, or renounces everything completely. Based on this, when entering into inheritance rights, you need to carefully evaluate such a decision, since sometimes you can end up not with an inheritance, but with bankruptcy.

Rubric “Question/Answer”

Who gets the inheritance first: the granddaughter or the brother?

The answer to the question depends on the situation.

Grandsons and granddaughters are not heirs to any of the queues . They inherit only by right of representation or as part of hereditary transmission - after the death of their parents. Also, grandchildren can be recognized as dependents, for example, if a granddaughter was dependent on her grandmother in the last year before her death. Then she is entitled to a share in the inheritance of an elderly relative (see “Can a grandson claim his grandmother’s inheritance”).
The brother is the heir of the second priority by law and he can contact a notary if he receives the right to inherit. For example, when the primary claimants to the property of the deceased are rejected (see “Can a sister claim her brother’s inheritance, and vice versa”).

In fact, a brother has a better chance of inheriting than a granddaughter. However, in this case you need to look at the circumstances. Because both heirs can join it for different reasons. For example, a brother is as a second-order heir, and a granddaughter is by right of representation after the death of her mother or father.

Do I have the right to inherit from my husband’s parents if their son (my husband) died 7 years ago. There are also his brothers, but they do not want to inherit.

But there are two exceptions:

Dependent status . If the daughter-in-law was dependent on her father-in-law or mother-in-law for at least a year before their death, she is entitled to a share in the inheritance on an equal basis with the other legal heirs in line (clause 2 of Article 1148 of the Civil Code of the Russian Federation).
Will . If the husband's deceased parents left a will, where they indicated the daughter-in-law as the heir. Then the wife will be able to inherit from her husband’s parents.

Theoretically, inheritance is possible, but you need to look at life circumstances. If there is a fact of dependency, it must be proven (with a certificate from the place of residence, testimony of relatives, friends, neighbors, etc.)

My uncle died. But when I turned to the notary, he said that I could not inherit? Is this really true?

I am the only son left with my parents. My brother died, he left a daughter. If my parents don't make a will, am I the only heir?

If you have a complicated case and need urgent legal assistance, contact us for a free consultation! Our website's lawyers are ready to explain complex legal provisions. Consult a lawyer, and then you will know about your rights, you can calmly prepare documents and enter into an inheritance.

If you act at random, you can miss deadlines and get bogged down in lawsuits. Don't take risks - contact a lawyer!

Watch the video about what’s new in inheritance by law, who can accept it and how:

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It is known that inheritance according to the law is issued in the order of priority. In this article we will talk in detail about when you can enter into inheritance rights under the law, how this process is carried out and who can claim the inheritance. We will also reveal the main difficulties of registering an inheritance.

Inheritance by law is carried out in the manner and under the conditions determined by law. The order of inheritance by law is applied if, after the death of the testator, the property left by him cannot pass to the heirs under the will. This is possible if:

the deceased did not leave a will or his will was declared invalid;
the will left by the testator concerns only part of his property;
if the heir under the will refused the inheritance or died before the opening day of the inheritance.

Chapter 93 of the Civil Code of the Russian Federation fixes the main provisions of this area, and also determines the order of receiving an inheritance and the form of its registration.

Certain types of property

Individual things and rights to them are not inherited in a general manner. There are some peculiarities here.

If a person during his lifetime was allocated property from the state free of charge or for a reduced fee, for example a car, then this property is inherited according to general provisions.

Memorable and state awards that do not belong to the state award system of the Russian Federation according to the Decree of the President of the Russian Federation are also transferred to their legal successors on general terms. As for orders, diplomas, and honorary signs belonging to the state award system, this group of awards is not included in the inheritance.

If the deceased during his lifetime showed a desire to privatize housing, then such an apartment will be included in the inheritance. If the legal successors are to become the first owners of the apartment, then such housing will have to be registered through the court.

Order of succession by law

On the territory of the Russian Federation, inheritance according to the law is carried out in order of priority. The legislator establishes eight waiting groups, whose members can claim the inheritance only when there are no heirs of the previous queues - they are absent, or they are deprived of the inheritance, or they have refused the inheritance, etc.

The heirs of each priority inherit the property in equal shares, for example, if after the death of the testator there are heirs of the first priority - a wife and a child, half of the property is inherited by the wife, the second half by the child. The closest relatives of the deceased are the heirs of the first stage, these are:

children of the testator: born in an official marriage or out of wedlock, if we are talking about inheritance after the mother or father, whose paternity was established legally; adopted children; children born after the death of the testator, but conceived during his lifetime;
spouse of the deceased (Important! The former spouse has no right to inheritance);
parents of the testator: the mother is always the heir, the father, if his paternity has been legally established or he is officially married to the mother;
the grandchildren of the deceased and their descendants inherit by law by right of representation: the heirs are called upon to inherit for their parents who died before the opening of the inheritance.

In the absence of immediate heirs, participants of the second stage may enter into inheritance rights, these are:

full and half-sisters and brothers of the deceased: it is important to have a blood relationship, at least one of the parents must be common;
grandparents of the testator, on both sides of the parents;
nephews and nieces can inherit the property of the deceased by right of representation.

The heirs of the third stage are:

full and half-sisters and brothers of the deceased’s parents (aunts and uncles);
by right of representation, property can be inherited by cousins and brothers.

The composition of the fourth, fifth and sixth stages is determined by the degree of relationship between the heirs and the testator, as follows:

heirs of the fourth degree are relatives of the third degree - great-grandparents of the deceased;
heirs of the fifth stage are: great-aunts and grandfathers, cousins and granddaughters;
heirs of the sixth stage are: cousins, uncles and aunts, nephews and nieces, cousins, great-granddaughters and great-grandchildren of the deceased.

If there are no heirs in the previous six stages, the participants in the seventh stage are recognized as heirs, these are: the stepfather and stepmother, as well as the stepsons and stepdaughters of the testator. The eighth priority is made up of disabled dependents of the testator.

It is worth noting that this is a special group of heirs who are recognized as persons who were fully supported by the testator while incapacitated. In this case, disabled citizens are recognized as persons having the status of a disabled person, a pensioner, a minor under the age of 16, or a student under the age of 18.

A disabled dependent who belongs to the eighth line of heirs can be called upon to receive an inheritance only if he lived with the testator for at least a year before his death.

Inheritance by right of representation

The right of representation is the right of inheritance of a descending relative in the place of an ascending relative of the deceased. This right arises only if the direct heir dies before the opening of the inheritance or at the same time as the testator.

Only persons specified by law can be heirs by nomination. The Civil Code of the Russian Federation defines three categories of these:

clause 2 art. 1142 of the Civil Code of the Russian Federation – grandchildren of the testator and their descendants;
paragraph 2 p. 1143 of the Civil Code of the Russian Federation – nephews and nieces of the testator;
clause 2 art. 1144 of the Civil Code of the Russian Federation - cousins and brothers.

Important! The descendants of an heir who was deprived of inheritance in accordance with paragraph 1 of Art. 1119 of the Civil Code of the Russian Federation or did not have the right to inherit in accordance with paragraph 1 of Art. 1117 of the Civil Code of the Russian Federation.

It is worth noting that in cases where the heir dies after the opening of the inheritance, but does not have time to accept it within the period prescribed by law, the right to accept the inheritance passes to his relatives. The process of accepting inheritance in this form is called hereditary transmission, in the order of which the inheritance must be accepted during the portion of the term remaining after the death of the previous heir.

If this period is less than three months, it is extended by another three months on legal grounds.

What is excluded from the composition?

You should definitely know what is not included in the list of transferred inheritance - these are the obligations and rights of the deceased person that are inextricably linked with him, namely:

Obligations to pay and receive alimony;
Obligations and rights that arose as a result of the conclusion of an agreement on free use;
Subsidies and tax breaks;
Responsibilities regarding compensation for damage caused to the life and health of an individual.

In particular, you cannot inherit compensation that was due to the testator during his lifetime and arose as a result of signing an employment contract.

Many controversial issues in inheritance arise between successors due to the existing debt of the deceased person. It is important to know here that, in accordance with Russian legislation, the debt is transferred to the heirs in proportion to the property received. In other words, if there is an apartment for which the mortgage has not been paid in full, and this property is inherited by three people, the debt falls on all three, and each will be required to pay only a third of the total amount. Accordingly, everyone bears responsibility for their part of the debt independently and cannot shift it to someone else.

Everything that is not included in the inheritance is simply canceled after the death of a person and does not go to anyone. It should also be noted that copyrights are not inherited. Legal successors can only inherit the rights to reuse the copyrighted work, but it itself will be under the name of the deceased testator, and not his relatives. Such rules are due to the fact that copyright is inalienable from a person’s personality.

The procedure for registering inheritance according to law

According to Art. 1113 of the Civil Code of the Russian Federation, inheritance opens from the day of the citizen’s death or when he is declared dead by a court decision.

The heir is given six months to declare his rights to the inheritance; if there is a good reason, this period can be extended by court decision. The right to property left by the testator must be formalized in the manner prescribed by law.

The procedure for registering an inheritance involves opening an inheritance case and providing the necessary documents:

1. It is necessary to submit an application for acceptance of the inheritance to a notary authorized to conduct business in the territory of registration of the deceased citizen. You can accurately determine the office that is authorized to accept the application by looking at the website of the notary chamber of a particular city.

It is better to fill out the application simply with a blue or black ballpoint pen; you can also print it on a computer. The document must not contain any blots or corrections; all common nouns must be capitalized. The application must be filled out in block letters or in capital letters, legibly, and the heir’s signature must be notarized.

2. The notary opens an inheritance case, where the following documents must be attached:

death certificate of the testator;
a copy of the applicant's passport;
a document confirming the place of opening of the inheritance - an extract from the house register from the place of residence of the testator;
a document confirming the degree of relationship between the heir and the testator - marriage certificate, birth certificate, etc.;
title document for the property, if available;
a certificate of the value of the property or an independent expert report on the market value of the property, if one is inherited.

Important! It is advisable to comply with the deadlines for accepting the inheritance, even if during inheritance it is necessary to search for the property of the testator. The inheritance file is kept by the notary for 75 years from the date of opening, so the legal heir will have plenty of time to find the testator’s property and claim his rights to it.

3. After carrying out the necessary verification of all the documents provided, the notary issues a certificate of inheritance, using which the heir can apply to the territorial authorities to register ownership.

The legislation in force today in Russia has long been adapted for inheritance in accordance with a will. However, as practice shows, citizens are in no hurry to express their will in writing.

Expert opinion

Kuzmin Stanislav Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The predominant number of processes related to inheritance are complicated by the absence of a will. The property of the deceased is divided among his relatives in the manner prescribed by law.

At the same time, this situation suits the Russians quite well. Legislative distribution of inheritance is a completely understandable and familiar procedure for them, while wills, popular in European countries, are considered incomprehensible and difficult to understand.

Who has the right to inheritance if the deceased did not indicate his will in the will will be discussed further.

What's not included

There are some rights and responsibilities of a person that cannot be transferred to another person as an inheritance. According to Russian legislation, the following are not included in the inheritance:

Receiving alimony.
Receiving financial compensation for health damage caused to the testator.
Personal non-property rights, for example, business reputation, honor.

If a civil agreement was concluded with the testator on the payment of monetary compensation in the event of his death, then it is not included in the inheritance. Also, the heirs do not receive part of the property that was acquired by the spouses. It belongs to the surviving spouse of the testator under a marriage contract or agreement, as the personal belongings of the deceased.

As for the pension, this amount can be paid to the heirs. To make these payments, a certificate of entitlement to receive funds is not required, since the amount is given to relatives or persons performing the funeral. The same applies to wages given to relatives by the employer. These payments are not included in the general inheritance, but the heirs can receive them.

Heirs can also receive a privatized apartment, since this procedure is regulated by law. Even if the testator wanted to privatize the living space, but just started registration, you can inherit such an apartment through the court. If the testator had a cooperative apartment, then it passes to the successors only if the contributions for it were paid in full by the shareholder.

You cannot inherit buildings that were erected without permission. It turns out that if the testator did not have permission from the relevant government bodies for construction, then he does not have the right to dispose of this property. Therefore, he cannot include such buildings in his will. But the land on which they are built can be inherited if the owner has a certificate of ownership.

As for bank deposits, the testator may draw up an additional order regarding these funds. Therefore, the money is transferred to the person indicated by the owner. To receive such funds, the opening of an inheritance is not required, and such deposits are not subject to the claims of the testator’s creditors.

There are some peculiarities when inheriting copyrights belonging to the testator. By law, it must pass to the heirs after the death of the owner. But there are certain nuances. Heirs have the right only to receive royalties, but the right of authorship or the right to the author's name is not included in the estate.

There is also no real estate in the estate that is under arrest. A notary cannot issue a certificate of ownership of such property to heirs. Moreover, it does not matter who exactly imposed the arrest - the court or the investigative authorities.

In what order are heirs determined?

In the modern world it is difficult to find a person who does not have a single relative. Even if the testator lived alone for several years preceding his death, this does not mean that he does not have brothers, nephews and other relatives.

There are often situations when people remember their family connection with the deceased only after the funeral, and strive to get part of the inheritance.

Who is the true heir and how to distribute the property of the deceased if there are quite a lot of relatives? Thanks to the division into several groups, the solution to this issue is quite simple. The first positions are given to the closest relatives, while at the end of the queue are persons who have a low degree of relationship or no blood connection with the deceased.

There are 7 groups of legitimate claimants:

spouse, parents (natural and adopted), children (natural and adopted);
sister/brother, grandfather/grandmother;
Uncle Aunt;
ancestors;
cousins and grandparents;
cousins and uncles/aunts;
adopted children, foster parents.

Under certain circumstances, persons who are not related to the deceased may claim the inheritance. In particular, we are talking about dependents who are conditionally considered applicants of the 8th stage.

How does the right to inheritance transfer from one queue to another?

The primary claimants to the deceased's property are the testator's closest relatives.

These include:

legal spouse;
children, regardless of the time of birth and the presence of blood ties;
parents.

There are situations when close relatives do not have the opportunity to enter into inheritance rights, or simply do not want this. In this case, the heirs of the next priority can become nominees.

The reasons for the transfer of rights are:

there are no representatives of the queue (there are no children, parents have died and the spouses have filed for divorce);
there are no applicants with the right to inheritance (the father and mother were deprived of parental rights);
applicants are deprived of inheritance rights by court decision;
the deceased expressed his will by leaving a will;
none of the applicants exercised their right to inheritance;
all heirs of this line renounced the inheritance.

From the above it follows that the property of the deceased can pass to the heirs of the next priority only in a situation where it was not accepted by the applicants of the previous priority.

If all 7 categories of heirs were unable or refused to accept the inheritance, then the property of the deceased becomes state property and is called escheat.

Non-inheritable rights

It is necessary to know not only about exceptions in the right of inheritance. Thus, in addition to what was listed earlier, the inheritance does not include pension accruals (except for those that the deceased did not manage to receive), lease and rental agreements for housing, obligations to member cooperatives, as well as vehicles that were issued to a disabled person out of necessity, but the right to use them family members can inherit.

Moreover, when the testator, during his lifetime, executed an insurance contract, indicating as the recipient of the monetary payment a stranger or a relative who is not one of the primary heirs, the rule of will applies. That is, the funds will actually be received by the specified person and no one else.

There are also some payments that are not included in the estate, but special conditions allow family members to receive them in equal shares (childbirth benefit, assigned during life and lost wages).

You cannot inherit municipal housing and other state real estate, even if the testator has used it all his life and has no other property. It will also not be possible to inherit real estate that was illegally built and not registered.

Distribution of inheritance between claimants of the same line

When there are multiple claimants in the first place, the deceased's estate is divided into an appropriate number of equal shares. If there is only one applicant, he gets the entire inheritance, regardless of how many heirs hope to receive their share, but belong to a different queue.

In a situation where the testator is left with the only heir of the first priority, for example, his son, all property passes to this applicant. Of course, brothers, sisters and other relatives would not refuse a tasty morsel, but in this part the law is quite harsh and merciless.